New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System
Part 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings
Section 317.1 - Background

Whereas, Sections 74 and 374 of the Retirement and Social Security Law direct that the Comptroller, upon timely receipt of a written demand, shall hold a hearing to review and redetermine an application for retirement allowance or other benefit provided by the Retirement and Social Security Law; and

Whereas, All such hearings should be conducted in such manner as to protect equally the interests of the applicant and of the retirement system, it being the primary purpose of any such hearing to establish a fair and adequate record for the proper disposition of the application; and

Whereas, In recent years there has been a significant increase in the number of demands for such hearings, and as a result many hearings are held each week throughout the State; and

Whereas, The volume of hearings requires that in the interest of justice reasonable regulations should be promulgated to establish the rules and procedures under which such hearings will be held; it is, therefore, hereby

Determined That the following rules shall be promulgated to determine the procedures which shall be observed and rules which shall be followed for the scheduling of and conduct of such hearings.